United States Seventh Circuit

District court's reduction of defendant's sentence from 295 months to 115 months is reversed and remanded where the Rule 35(b)(2) of the federal criminal rules does not authorize the district judge to reduce the sentence on the basis of the 18 U.S.C. section 3533(a) factors that he would consider in initial sentencing.

Appellate Information

• Decided 10/19/2009
• Published 10/19/2009

Judges

• POSNER, Circuit Judge., Before POSNER, MANION, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Edmond E-Min Chang, Attorney (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Jonathan E. Hawley, Chief Assistant Federal Public Defender, Richard H. Parsons, Attorney, Office of the Federal Public Defender, Peoria, IL, Daniel T. Hansmeier, Attorney (argued), Office of the Federal Public Defender, Springfield, IL, for Defendant-Appellee.